Disney Sued For Using Deceased Actor’s Likeness In Rogue One: A Star Wars Story

One of the most jarring moments of Rogue One: A Star Wars Story was the use of the late Peter Cushing’s likeness as Grand Moff Tarkin. In 2016, this was just a bit of the uncanny valley that fans disliked but no one batted an eye. That’s all changed. Disney is now being sued for using Cushing’s likeness without his family’s permission.

The Times of London reports that an old friend of Cushing, producer Kevin Francis, claims that prior to the actor’s death in 1994, the actor was insistent that no one digitally reproduce his likeness without explicit authorization. 

22 years after his death that’s exactly what happened when Lucasfilm used old footage from 1977’s A New Hope to create a very alive Tarkin. 

Aside from suing Disney, Francis and his production studio Tyburn Films are also suing Lucasfilm (now a subsidiary of Disney), the since-deceased executors of Cushing's estate, and Associated International Management, the agency that represented the actor until his death more than 30 years ago.

Disney told the United Kingdom's High Court that Cushing's contract had no requirements about likeness rights, and that they got a deal from the actor’s agent for $36,000 to use his likeness.

The entertainment conglomerate also claimed that Francis is seeking “unjust enrichment” by demanding damages of more than $650,000. The High Court disagreed and stated that the producer’s suit could move forward. The British court system is notoriously closed mouth, so it’s likely that we’ll only hear more about this if Disney loses the case. 

It’s not totally clear why the producer is bringing this suit against Disney. Rogue One was released nearly eight years ago, and if Cushing really didn’t have anything about his likeness in his will this could be an uphill battle.